Areas of Practice Flashcards
National Heritage Area Steps
A National Heritage Area can be managed by a non-profit or a state government. A National Heritage Area is created by authorizing legislation of Congress based on an areas unique resources and the unique story it tells about the United States.
NHA shows unique natural, historic, cultural or scenic resource
Some National Heritage Areas are National Heritage Corridors
Land and Water Conservation Fund
The Land and Water Conservation Fund provided funds to states that had Statewide Comprehensive Outdoor Recreation Plans. These outdoor plans are used by states to aid local governments in the creation of outdoor and open space recreation plans
Right to Farm protection
Farmer’s have protection from nuisance suits from neighboring properties if the farm is operating in a typical manner under right-to-farm laws.
The Comprehensive Environmental Response, Compensation and Liability Act
The Comprehensive Environmental Response, Compensation and Liability Act identifies potentially responsible parties for environmental contamination.
Transportation Improvement Program (TIP)
This is known as a Transportation Improvement Program. The Transportation Improvement Program (TIP) is a 6-year financial program that describes the schedule for obligating federal funds to state and local projects. The TIP contains funding information for all modes of transportation including roadway projects, as well as transit capital and operating costs.
Negotiated Rulemaking
Negotiated Rulemaking is a process for drafting regulations that brings together parties who would be affected by a rule. This was enacted as US federal law in 1990 under the Negotiated Rulemaking Act.
Fiscal Impact Analysis
Fiscal Impact Analysis, also known as cost-revenue analysis, is used to estimate the costs and revenues of a proposed development on a local government. The fiscal impact is the difference between the revenues and expenditures generated by a proposed development, which is also known as the net fiscal impact. The most common form of fiscal impact analysis is for a development project.
The purpose of subdivision regs
To protect and provide for the public health, safety, convenience, comfort, prosperity and general welfare of the community by establishing standards of design and procedures or approval of plats and subdivisions.
To regulate subdivision development and implement planning policies;
To implement plans for orderly growth and development within the city’s boundaries and extraterritorial jurisdiction (ETJ);
To ensure adequate provision for streets, alleys, parks, and other facilities indispensable to the community;
To protect future purchasers from inadequate police and fire protection;
To ensure sanitary conditions and other governmental services;
To require compliance with certain standards;
To officially register land.
The purpose of zoning
Protect and maintain property values; Promote public health and safety; Protect the environment; Promote the aesthetic of a community; Manage traffic; Manage density; Limit housing size and type, or encourage a variety of housing types; Attract businesses and industries.
Zoning regulates
Land use Lot Size Density Building placement Building height Building bulk Setbacks Provision of adequate light and air Parking Landscaping Signage
Zoning Board of Adjustment
Zoning Board of Adjustment, is a quasi-judicial board that hears cases for variances, special exceptions to the zoning ordinance, and appeals of staff’s administration of the zoning ordinance.
The Board of Zoning Adjustment hears variance cases, not rezonings. Rezonings are heard by the planning commission.
Nonconformity amortization
Amortization sets a definite period of time within which the use must come into compliance with the zoning ordinance. Amortization is often quite controversial because it requires that the administrators of the ordinance determine a fair period of time during which the use will be allowed to continue before it must come into full compliance. This time period is based on the property owner’s original investment, the use of the property, and other factors that affect the owner’s potential income
Ten primary principles for Smart Growth.
Create a range of housing opportunities and choices;
Create walkable neighborhoods;
Encourage community and stakeholder collaboration;
Foster distinctive, attractive places with a strong sense of place;
Make development decisions predictable, fair, and cost-effective;
Mix land uses;
Preserve open space, farmland, natural beauty, and critical environmental areas;
Provide a variety of transportation choices;
Strengthen and direct development towards existing communities;
Take advantage of compact building design.
1944 Federal-Aid Highway Act
In 1939, President Roosevelt proposed a 43,000-km system of highways. In 1944 the Federal-Aid Highway Act was passed, designating 65,000 km of interstate highways. These highways, to be selected by state highway departments, authorized the highway system but did not provide funding.
Public Roads Administration (PRA)
Public Roads Administration (PRA) was responsible for implementing the highway system, and in 1947 designated 60,640 km of interstate highways.
Federal-Aid Highway Act 1952
n 1952, the Federal-Aid Highway Act authorized $25 million for the construction of interstate highways and another $175 million two years later. However, major funding came under the Federal-Aid Highway Act of 1956, which authorized $25 billion between 1957 and 1969.
Federal-Aid Highway Act of 1962
Federal-Aid Highway Act of 1962 created the federal mandate for urban transportation planning in the U.S. It was passed at a time when urban areas were beginning to plan Interstate highway routes. The Act required that transportation projects in urbanized areas with a population of 50,000 or more be based on an urban transportation planning process. The Act called for a “continuing, comprehensive, and cooperative” (3 C’s) planning process.
MPOs were created to meet the demands of this act
Fixing America’s Surface Transportation Act (FAST, passed in 2015)
It’s the first long-term transportation funding bill passed since 2005. While it allows city planners to set their own street design standards for local federally funded projects, it did not raise the gas tax to fund improvements (the gas tax was last raised in 1993).
Transportation Improvement Program (TIP)
Unified working plan required for all areas >200k pop. TIPs are prepared by MPOs and lists all projects for which federal funds are anticipated along with non-federally funded projects that are regionally significant.
The Stafford Act
The Stafford Act outlines four primary components of a state hazard mitigation plan, outlined in section of 409 of the Act:
- An evaluation of the natural hazard in the designated area
- A description and analysis of the state and local hazard management policies, programs, and capabilities to mitigate the hazards in the area
- Hazard mitigation goals and objectives and proposed strategies, programs, and actions to reduce or avoid long-term vulnerability to hazards
- A method of implementing monitoring, evaluating, and updating the mitigation plan; such evaluation is to occur at least on an annual basis to ensure that implementation occurs as planned, and ensure that the plan remains current
The Stafford Act was amended in the Disaster Mitigation Act of 2000, which requires local governments to prepare and adopt hazard mitigation plans.
National Flood Insurance Program (NFIP)
The Program’s Community Rating System (CRS) is a voluntary incentive program that recognizes and encourages community floodplain management activities that exceed the minimum NFIP requirements. Under the floodplain management-planning category, communities can receive points for certain elements of pre-planning such as drafting an action plan.
The Clean Water Act 1972
The Clean Water Act was passed in 1972, with a major amendment in 1977. The official name was the Federal Water Pollution Control Act but “Clean Water Act” became the Act’s common name. The Act requires anyone wanting to discharge pollutants into a body of water to obtain a permit. It also regulates the amount of water that can be discharged and the types of pollutants that can be released.
The Clean Water Act of 1972 exercised its power to regulate interstate commerce by prohibiting discharges into the nation’s navigable waters. If the body of water can be used to transport goods from one state to another it is covered by the Clean Water Act. The Environmental Protection Agency and the Army Corp of Engineers have regulatory power to prepare rules for navigable waters.
The Federal Water Pollution Control Act of 1948 was the first major U.S. law to address water pollution. Growing public awareness and concern for controlling water pollution led to sweeping amendments in 1972. As amended in 1972, the law became commonly known as the Clean Water Act.
The Clean Air Act
Congress established much of the basic structure of the Clean Air Act in 1970 and made major revisions in 1977 and 1990. The Act has provisions that cut off federal funding for metropolitan areas that are not in attainment. In non-attainment areas, new pollution sources are allowed only if there is a reduction in pollutants greater than the pollutants contributed by the source. The EPA publishes a Green Book which lists National Ambient Air Quality Standards (NAAQS) designations, classifications, and nonattainment status.
Enterprise zones (EZs)
Enterprise zones (EZs) are geographic areas in which companies can qualify for a variety of subsidies. The original intent of most EZ programs was to encourage businesses to stay, locate, or expand in depressed areas and thereby help to revitalize them. EZ subsidies often include a variety of corporate income tax credits, property tax abatements, and other tax exemptions and incentives to encourage businesses to locate in low-income areas of a city or county.
